[Code of Federal Regulations]
[Title 49, Volume 5, Parts 400 to 999]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR835.3]
[Page 1108]
TITLE 49--TRANSPORTATION
CHAPTER VIII--NATIONAL TRANSPORTATION
SAFETY BOARD
PART 835--TESTIMONY OF BOARD EMPLOYEES--Table of Contents
Sec. 835.3 Scope of permissible testimony.
(a) Section 701(e) of the FA Act and section 304(c) of the Safety
Act preclude the use or admission into evidence of Board accident
reports in any suit or action for damages arising from accidents. These
sections reflect Congress' ``strong * * * desire to keep the Board free
of the entanglement of such suits.'' Rep. No. 93-1192, 93d Cong., 2d
Sess., 44 (1974), and serve to ensure that the Board does not exert an
undue influence on litigation. The purposes of these sections would be
defeated if expert opinion testimony of Board employees, which may be
reflected in the views of the Board expressed in its reports, were
admitted in evidence or used in litigation arising out of an accident.
The Board relies heavily upon its investigators' opinions in its
deliberations. Furthermore, the use of Board employees as experts to
give opinion testimony would impose a significant administrative burden
on the Board's investigative staff. Litigants must obtain their expert
witnesses from other sources.
(b) For the reasons stated in paragraph (a) of this section and
Sec. 835.1, Board employees may only testify as to the factual
information they obtained during the course of an investigation,
including factual evaluations embodied in their factual accident
reports. However, they shall decline to testify regarding matters beyond
the scope of their investigation, and they shall not give any expert or
opinion testimony.